The
USCIS Form I-140 Petition for Alien Worker is
employment based green card application. For
immigration categories that require the Labor Certification
application, once the employer has obtained the Labor Certification,
the employer can file an I-140 immigrant petition
for an alien worker with the USCIS. One purpose of I-140 petition that
requires a certified Labor Certification is to establish that the
employer has the ability to pay the offered wage stated in the Labor
Certification application. The employer must be able to prove its
ability to pay the proffered wage at the time the priority date is
established, and continuing until the beneficiary employee obtains the
lawful permanent residence.

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Form
I-140
Petition Resources for Alien Workers and
Employment based Green Card

Once
the labor certification application is certified, it provides the basis
to move to the second stage of the Green Card process and file an Form
I-140 Immigrant Petition with the USCIS. The USCIS adjudicates the form
I-140 petition and the processing time varies depending on the USCIS
Service Center jurisdiction. The time it takes to file the I-140
petition depends upon the availability of documents and the speed of
action by the employer and employee. An I-140 petition has to be
supported by the employer's financial data, and the proof that the
employee has the required education and work experience.

An
I-140 petition filed for an employment based green
card, which requires an offer of employment, should
be accompanied by evidence that the prospective U.S. employer has the
ability to pay the proffered wage. A petitioner should file a completed
Form 1-140 along with initial evidence establishing its ability to pay
the beneficiary the proffered wage. The required initial evidence
should include copies of employment of the beneficiary, net income, and
current net assets. The petitioner should submit a copy of at least one
of these required documents. USCIS will make its determination based on
the submitted supporting documents.

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Form I-140 Petition for Alien Workers and Employment based Green Card

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